The Council Tax (Discount Disregards) (Amendment) (Wales) Order 2010

Welsh Statutory Instruments

2010 No. 2448 (W.211)

COUNCIL TAX, WALES

The Council Tax (Discount Disregards) (Amendment) (Wales) Order 2010

Made

6 October 2010

Laid before the National Assembly for Wales

7 October 2010

Coming into force

1 November 2010

The Welsh Ministers make the following Order in exercise of the powers conferred upon the Secretary of State by paragraph 4 of Schedule 1 to the Local Government Finance Act 1992(1) and now vested in them(2).

Title, commencement, and application

1.—(1) The title of this Order is The Council Tax (Discount Disregards) (Amendment) (Wales) Order 2010, and it comes into force on 1 November 2010.

(2) This Order applies in relation to Wales.

Amendment of the Council Tax (Discount Disregards) Order 1992

2.—(1) The Council Tax (Discount Disregards) Order 1992(3) is amended as follows.

(2) In paragraph 1(1)(b) of Schedule 1, for the words “a qualification accredited by” to the end substitute–

• “(i)

  a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009(4) applies which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of that Act in respect of the qualification, or

  (ii)

  a qualification accredited by the Scottish Vocational Education Council, or

  (iii)

  a “relevant qualification” within the meaning of section 30(5) of the Education Act 1997(5) which is awarded or authenticated by a body recognised by the Welsh Ministers under section 30(1)(e)(6) of that Act in respect of the qualification.”.

Carl Sargeant

Minister for Social Justice and Local Government, one of the Welsh Ministers

6 October 2010

Explanatory Note

(This note is not part of the Order)

This Order is made as a consequence of the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”). Part 7 of the 2009 Act establishes the Office of Qualifications and Examinations Regulation and sets out its functions. Part 8 of the 2009 Act makes provision for the Qualifications and Curriculum Authority, established under section 21 of the Education Act 1997, to continue in existence as the Qualifications and Curriculum Development Agency and amends its functions.

This Order amends the Council Tax (Discount Disregards) Order 1992 in consequence of the provisions contained in Part 7 of the 2009 Act, and the amendments to section 30 of the Education Act 1997 by the 2009 Act (functions of the Welsh Ministers in relation to external vocational and academic qualifications) made by Schedule 12 to the 2009 Act.

(1)

1992 c. 14.

(2)

The functions of the Secretary of State, in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently vested in the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

(3)

S.I. 1992/548, as amended by S.1. 1994/543; S.I. 1995/619; S.I. 1996/636; S.I. 1996/3143; S.I. 1997/656; S.I. 1998/291; S.I. 2003/673 (W.83); S.I. 2003/3121; S.I. 2004/1771; S.I. 2004/2921 (W.260); Paragraph 2 of Schedule 18 to the Education Act 2005 c. 18; S.I. 2006/3396; S.I. 2007/580 (W.52), S.I. 2009/2054 and S.I. 2010/677.

(4)

2009 c. 22.

(5)

1997 c. 44. Sub-section (5) of section 30 was substituted by sections 174 and 192 of, and paragraphs 12, 15(1) and (6) of Schedule 12 to the Apprenticeships, Skills, Children and Learning Act 2009.

(6)

Sub-section (1) of section 30 was substituted by article 9(1) of, and paragraphs 6 and 15(a) of Schedule 1 to S.I. 2005/3239, and further substituted by sections 174 and 192 of, and paragraphs 12, 15(1) and (2) of Schedule 12 to the Apprenticeships, Skills, Children and Learning Act 2009.